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Bombay High CourtWP/9761/2013dismissed

Aashaskiya Mahavidyalya Shikshektter Karmachari Sangh And ANR v. State Of Maharashtra, Through Joint Director Of Education Dept

2017-08-10Hon'Ble Shri Justice Z.A. Haq,Hon'Ble Shri Justice Naresh H. Patil2 pages

20-wp-9761-13 pdp

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 9761 OF 2013 Aashaskiya Mahavidyalya Shikshektter Karamchani Sangh .. Petitioners

Versus

State of Maharashtra .. Respondent Mr. Balasaheb Deshmukh for petitioners.

Ms. R. A. Salunkhe, AGP for State.

CORAM: NARESH H. PATIL & Z. A. HAQ, JJ.

AUGUST 10, 2017.

P.C.

1.

The petitioner no.1 claims to be a registered Union under the provisions of Trade Union Act, 1926. It is submitted that the petitioner no.2 is the person who was declared surplus and thereafter he was absorbed. Learned counsel submits that the reasons for declaring petitioner no.2 as surplus are not correct and genuine. Reference was made to an order passed by the Deputy Director, Higher Education, Mumbai Division, Mumbai dated 10/10/2008. The order dated 9/1/2013 declaring employees surplus is annexed herewith. It is submitted that the

20-wp-9761-13 impugned order of declaring the petitioner no.2 as surplus be quashed and set aside.

2.

We have perused the record placed before us. The Petitioner No. 2 has been absorbed. Reliance was placed on the observations made by the authority in the year 2008 whereas the impugned order has been passed in the year 2013.

3.

Taking into consideration facts and circumstances, we are not inclined to exercise our extra ordinary writ jurisdiction. The Petition is dismissed.

(Z. A. HAQ,J.) (NARESH H. PATIL,J.)